Helena, MontanaHelena Brain Injury
Helena Brain Injury Lawyers: Traumatic Brain Injury, Concussion and Post-Concussion Claims in Lewis and Clark County
Boland Aarab PLLP.
A traumatic brain injury from a Helena crash or fall is often invisible: the scan may be normal while memory, concentration and mood are not. In a city full of thinking-intensive jobs, even a “mild” brain injury can end a career. These cases are proven through records, testing and the people who knew you before.
Key Takeaways
- The CDC says even a “mild” TBI or concussion can have serious effects (CDC), and some symptoms may not appear for hours or days (CDC).
- Brain injuries are often proven through the treating record, the people who knew you before, and neuropsychological testing, not a single scan.
- Most Montana injury claims must be filed within 3 years (§ 27-2-204, MCA).
Struggling after a head injury in Helena? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why do brain injury cases look different in Helena?
Because of the work people do here. Helena is the state capital and home to most state agency headquarters, the Legislature, the Montana Supreme Court, a regional hospital and the VA medical center at Fort Harrison, along with the professional offices that serve them. Many Helena jobs run on memory, attention, reading, writing and judgment. Those are exactly the functions a brain injury damages.
That shapes how we build the case:
- Work records as evidence. Performance reviews, work product, emails, missed deadlines and supervisor observations before and after the injury can show change more clearly than any scan. For a state employee, the personnel file and the job duties are often documented in detail.
- Co-workers and family. The people who knew you before are the best witnesses to how you changed: the colleague who notices you lose your place in meetings, the spouse who sees the irritability and fatigue.
- Earning capacity, not just wages. A mid-career analyst or nurse who can keep a job but not advance, or who must retire early, loses years of earnings and benefits. An economist and vocational expert can measure that.
- Neuropsychological testing. Formal testing documents deficits that an ordinary exam misses. It may require travel to a specialist, and we plan for that.
How do brain injuries happen around Helena?
Car and truck crashes on I-15, US-12 and Helena’s arterials. Motorcycle and bicycle crashes on the mountain roads and trail-access streets. Pedestrian collisions downtown and near the Capitol. Falls on ice at stores, offices and rental properties, and falls from heights on construction sites. Assaults where a property owner failed to provide reasonable security. Defective helmets or vehicle safety systems (§ 27-1-719, MCA).
What happens after a brain injury in Helena?
Get evaluated, even if you feel “okay.” Emergency evaluation in Helena is usually at St. Peter’s Health, which DPHHS designates a State Area Trauma Hospital. Severe brain injuries may be transferred to a Level 2 center in Great Falls or Missoula, or a Level 1 center in Billings. For a concussion, follow up with your primary care provider and ask about a referral if symptoms persist.
Keep a symptom journal. Write down headaches, sleep changes, memory lapses, light and noise sensitivity, and mood changes, with dates. Ask a family member to keep notes too.
Tell your employer what you need. Documented accommodations, reduced hours or leave create a record of the injury’s effect on your work.
Be careful with insurers. Adjusters often treat a normal CT scan as proof of no injury. Don’t give recorded statements or sign broad medical authorizations before getting advice.
Reports and court. Crash reports come from the Helena Police Department, the Lewis and Clark County Sheriff’s Office or the Montana Highway Patrol. A lawsuit over a Helena injury is generally filed in the First Judicial District Court at the Lewis and Clark County Courthouse, 228 Broadway (§ 3-5-101(1), MCA). If the defendant is from out of state, it may be moved to the U.S. District Court’s Helena Division at the Paul G. Hatfield Federal Courthouse, 901 Front Street (D. Mont. L.R. 1.2).
Montana law that applies
Recovery covers all the detriment the injury caused, including future harm reasonably certain to occur (§§ 27-1-202, 27-1-203, MCA). You can recover if your fault is not greater than the defendants’ combined (§ 27-1-702, MCA). In a car crash case, whether you wore a seat belt is not admissible (§ 61-13-106, MCA). Our Montana brain injury lawyer page explains symptoms, proof and damages in depth.
Why hire a Great Falls firm for a Helena case?
Brain injury cases are won by lawyers who take the time to understand the person, not just the medical chart, and who are ready to explain an invisible injury to a jury. We are based in Great Falls and handle brain injury cases throughout Montana. We come to Helena to meet with you and your family, often more than once, and our attorneys handle the depositions, hearings and trial themselves.
The Boland Aarab Way
- We protect verdicts. A trial judge threw out a $168,500 jury verdict for our client, a woman rear-ended by a pickup. We had it reinstated in the Montana Supreme Court (Voegel v. Salsbery, 2023 MT 137).
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- We know federal court. More than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We are part of the trial bar. Both attorneys belong to AAJ and MTLA. Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board, and Samir Aarab is also a member of Public Justice.
We also handle car accidents in Helena, catastrophic injury cases in Helena and other Helena personal injury cases.
Frequently Asked Questions
My CT scan at St. Peter’s was normal. Can I still have a brain injury? Yes. Many concussions and mild TBIs don’t show on standard imaging. Symptoms, the treating record and neuropsychological testing are often the proof.
I work for the State and my performance has slipped since the crash. Does that matter? It can be strong evidence. Before-and-after performance reviews, work product and co-worker observations can show the injury’s effect on your work and earning capacity.
Should I keep working after a concussion? Follow your doctor’s advice. If you need accommodations or leave, make sure it is documented. That record helps both your recovery and your claim.
Where would my Helena brain injury case be filed? Usually in the First Judicial District Court in Helena. An out-of-state defendant may move it to the federal Helena Division at the Paul G. Hatfield Courthouse.
How long do I have to file? Generally 3 years for most injury claims (§ 27-2-204, MCA). Claims against government entities have notice requirements, and medical malpractice claims have shorter deadlines.
Talk to a Helena Brain Injury Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: CDC, About TBI · CDC, Signs and Symptoms · § 27-1-202, MCA · § 27-1-203, MCA · § 27-1-702, MCA · § 27-1-719, MCA · § 61-13-106, MCA · § 27-2-204, MCA · § 3-5-101, MCA · DPHHS designated trauma facilities · D. Mont. L.R. 1.2
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
